Legal Question in Wills and Trusts in South Carolina

Children's rights when one parent dies

One parent (mother) committed suicide in South Carolina when faced with divorce. The divorce had not been started. The father has been in an affair outside of the US (not a citizen) & may marry this other person. The two childern of the marriage are out of the house, but they have been at least partially dependent on finatial support from the mother. Their ages are 20 & 23. The father has not said if there is a will or not.

Questions:

Do they have rights to any part of the estate?

Can they collect any money now?

Can they do anything to protect ''their'' part of the estate if the father remarries?

Anything else I should know?

Thanks!

Greiving Uncle


Asked on 10/26/05, 10:49 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Children's rights when one parent dies

If there was no will, the two children, along with the father, each are entitled to 1/3 of whatever the mother owned at the time of her death. You should consult with a local attorney.

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Answered on 10/27/05, 11:07 am


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